LAWS(JHAR)-2019-2-94

RANJAN KUMAR SAHU @ RANJAN KUMAR Vs. NIRMALA SAHU

Decided On February 28, 2019
Ranjan Kumar Sahu Appellant
V/S
Nirmala Sahu Respondents

JUDGEMENT

(1.) The writ petition is under Article 226 of the Constitution of India wherein the order passed for execution of the order passed by the Rent Controller in J.B.C. Case No.26/2015 is under challenge.

(2.) It is the case of the petitioner that after passing of the order by the original authority in J.B.C. Case No.26/2015, the appeal has been filed being J.B.C. Appeal No.40/2017 which has been admitted for hearing and interim order has also been passed on 10.01.2018 by the appellate forum but thereafter the appellate Court has not sat and in the meanwhile since six months' time have lapsed, the Rent Controller taking aid of the judgment passed by the Hon'ble Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and Anr. vs. Central Bureau of Investigation reported in,2018 16 SCC 299 that led the petitioner to approach this Court by filing the instant writ petition.

(3.) Mr. G. K. Prasad, learned SC (L&C) has submitted that now the appellate authority is holding Court.